June 30, 2010
Russell Kirkham, Manager Coal Regulatory Program State of Alaska – Department of Natural Resources 550 West 7th Ave, Suite 900 B Anchorage, Alaska 99501-3577 RE: Coal Exploration Permit 02-83-795 Request for Renewal
Dear Russell: PacRim Coal, LP is requesting another 2-year renewal of our existing Coal Exploration Permit 0283-795 as per 11 AAC 90.165 (e). This regulation states, in part, “Exploration permits will be issued for two year terms and may be renewed”. The most recent 2-year permit period expires in August of 2010. The original permit application and supporting material was submitted and approved in November of 1983. Several minor revisions have been submitted and approved since, including 1984, 2005, and 2010. The current permit incorporates these previous documents and approvals. This renewal request will allow us to continue using the monitor wells installed on site and conduct additional work if needed as we proceed through the mine permit process. No other changes are being proposed at this time. If you have any questions or comments, please do not hesitate to contact me at (907) 276-6868. Sincerely,
Dan Graham Chuitna Project Manager
Attachment “A” Attached to and made a part of that certain Notice of Intent to Explore and Exploration Application for Permit # 02-83-795. 2.0 Location of the Exploration 2.1 Legal Description: Township 12N 12N 12N 12N 12N 12N 12N 12N 13N Range 12W 12W 12W 12W 12W 12W 12W 13W 12W Sections 2, 3, 4, 5, 6, 9, 10, 15, 16 7 8 17 20 21 22 1 14, 15, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 Aliquot Part All N½ N ½ & SE ¼ E½ NE ½ N½ NW ½ E½ All Meridian Seward Seward Seward Seward Seward Seward Seward Seward Seward Acres
4.0 Ownership of Surface/Subsurface Mineral Estate 4.4 Mineral Estate Leaseholder Lease #: ADL 36911, ADL 36913, ADL 36914, ADL 37002, ADL 59502
Reset Form
02-83-795 (RENEWAL) Permit # / Notice # ____________________
ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING LAND & WATER COAL EXPLORATION Notice of Intent to Explore and Exploration Application
The Alaska Surface Coal Mining Control and Reclamation Act requires that any person who intends to conduct coal exploration which will not substantially disturb the natural land surface complete and file with the Department of Natural Resources a notice of intent to explore. The completion of Parts A (including submission of the required permit fee), B, D, and E of this form will meet these requirements. This form must be received at least thirty (30) days prior to commencement of the exploration. The Act requires that any person who intends to conduct coal exploration which will substantially disturb the natural land surface must file a complete application for exploration. The completion of Parts A (including submission of the required permit fee), C, D, and E of this form will meet the applicant's submission requirements. The application should be submitted approximately three months prior to the anticipated commencement of exploration. Substantial disturbance means an impact on land, water, or air resources by activities such as blasting; mechanical excavation (excluding the use of light, portable field equipment); drilling or enlarging coal or water exploratory holes or wells; and construction of roads, structures, trails, aircraft landing and marine docking areas. Please submit one hard copy and one electronic copy of all application materials as specified by the Department. Reference: Alaska Statute 27.21.200; 11 AAC 90.161 to 11 AAC 90.167.
PART A: GENERAL INFORMATION
Contact:
Ref: 11 AAC90.161; 11 AAC 90.163
1.1 Name of Applicant: PacRim Coal, LP ________________________________________________________
Dan Graham ________________________________________________________ 1007 W. 3rd Ave. Suite 304 Anchorage, AK 99501 1.2 Address of Applicant:_______________________________________________________
1.3 Telephone Number: (907) 276-6868 _______________________________________________________ 1.4 If applicable, provide the following information for the representative who will be present and responsible for the exploration activities. 1.5 Name of Representative:
Dan Graham _________________________________________________
1.6 Address of Representative: 1007 W. 3rd Ave. Suite 304 Anchorage, AK 99501 _________________________________________________ 1.7 Telephone Number: ________________________________________________________
dan@pacrimcoal.com 1.8 Email Address:_____________________________________________________________ (907) 276-6868
2.0 Location of the Exploration
2.1 Legal Description (attach additional pages as needed):
(See Attachment A) _______________________________________________________________________________ Township Range Section Aliquot Part Meridian Acres
_______________________________________________________________________________ Township Range Section Aliquot Part Meridian Acres 2.2 Number of Acres in Exploration Area:
EXPLORATION PERMIT APPLICATION VERSION: 02/06/2009
20,650 _________________________
Page 1 of 5
Permit # / Notice # ____________________ 2.3 Number of Acres of Federal Land (if applicable): 2.4 USGS 1:250,000 or 1:63,360 Quadrangle Names:
N/A _________________________ Tyonek _________________________
S 11 miles 2.5 Distance and Direction to Nearest Community (in miles):______________________
2.6 Attach map of exploration site and adjacent area.
3.0 Period of Exploration
August 8, 2010 3.1 Begin (Month/Day/Year): _______________________________
3.2 End (Month/Day/Year):
August 8, 2012 _______________________________
4.0 Ownership of Surface/Subsurface Mineral Estate
If the surface or the mineral estate is owned or leased by someone other than the applicant, answer 4.1 4.5, as appropriate (attach additional pages as needed).
4.1 Surface Owner Alaska Mental Health Trust Authority Name: ________________________________________________________ 3745 Community Park Loop Suite 200 Anchorage, Alaska 99508 Address: ________________________________________________________ (907) 269-7960 Telephone Number: ______________________________ 4.2 Mineral Estate Owner
Alaska Mental Health Trust Authority Name: ________________________________________________________ 3745 Community Park Loop Suite 200 Anchorage, Alaska 99508 Address: ________________________________________________________ (907) 269-7960 Telephone Number: ______________________________
4.3 Surface Land Leaseholder
(See Attachment A) Lease #:_______________________________________________________________ PacRim Coal, LP Name: ________________________________________________________ 1007 W. 3rd Ave. Anchorage, AK 99501 Address: ________________________________________________________ (907) 276-6868 Telephone Number: ______________________________
4.4 Mineral Estate Leaseholder
(See Attachment A) Lease #:_______________________________________________________________ PacRim Coal, LP Name: ________________________________________________________ 1007 W. 3rd Ave. Anchorage, AK 99501 Address: ________________________________________________________ (907) 276-6868 Telephone Number: ______________________________
4.5 Adjacent Surface & Mineral Estate Leaseholders Lease #:_______________________________________________________________ Name: ________________________________________________________ Address: ________________________________________________________ Telephone Number: ______________________________ 4.6 Right to Enter: Provide a statement describing the basis by which the applicant claims the right to enter the land for the purposes of conductil1g exploration and reclamation, Reference relevant federal, state, and local government prospecting permits or lease documents. Attach copies of supporting documents, as appropriate.
EXPLORATION PERMIT APPLICATION VERSION: 02/06/2009
Page 2 of 5
Permit # / Notice # ____________________
5.0 Fees
Ref: 11 AAC 90.011
5.1 Permit Fee $_________________ Attach receipt. (Refer to fee schedule below) Exploration - notice of intent $100 Exploration· substantial disturbance $500 + cost of all public notices PART B: NOTICE OF INTENT TO EXPLORE Ref: 11 AAC 90.161
6.0 Intention to Explore
6.1 Describe intended exploration activities, including major' pieces of equipment and their use. 6.2 Will exploration activities substantially disturb the natural surface of the land?
✔
YES
NO
If yes, proceed to Part C; if no, answer 6.3 and proceed to Part D. (See definition on page 1 of this form.) 6.3 Describe practices to be used to protect the environment from adverse impacts resulting from exploration activities.
PART C: EXPLORATION PERMIT APPLICATION
Ref: 11 AAC 90.163; 11 AAC 90.167
7.0 Exploration Area Description
Note: all technical data in this application must be accompanied by: 1) names of persons and organizations who gathered and analyzed data; 2) dates of data collections and analysis; 3) description of procedures used; and 4) names, addresses and positions of officials of each agency consulted. 7.1 Indicate type(s) of surface disturbance: blasting. ✔ mechanical excavation ✔ Drilling, altering coal or water exploration holes and wells, ✔ road or trail construction or modification aircraft landing construction/modification marine docking facility construction/modification construction of structures placement of excavated material or debris on surface other, specify _________________________ 7.2 Provide a map of at least a scale of 1:63,360 enlarged 2.5 times (~1:25000), showing the following existing surface features: a. existing roads and trails; b. occupied dwellings and other structures; c. pipelines, airfields and marine docking facilities; d. bodies of water; . e. historic, archeological and cultural features; f. topographic and drainage features; and
EXPLORATION PERMIT APPLICATION VERSION: 02/06/2009
Page 3 of 5
Permit # / Notice # ____________________ g. habitats of endangered or threatened species. 7.3 Using existing information, briefly describe, with cross references to the map in 7.2, the surface topography, geology, surface waters, predominant land use, and other physical features. 7.4 Using existing information, briefly describe, with cross references to the map in 7.2, vegetation cover and important habitats of fish, wildlife and plants. 7.5 Does the exploration area include critical habitat of threatened or endangered species; or species such as eagles, migratory birds or other animals protected by state or federal law; or habitats of unusually high value for fish and wildlife? YES
✔
NO
If yes, describe impact, control measures, management techniques and monitoring methods to be utilized to protect these species and habitats. 7.6 Does the exploration area include known archeological resources; or districts, sites, structures or objects listed on the National Register of Historic Places? YES
✔
NO
If yes, identify and describe, and describe protection measures to be implemented.
8.0 Exploration and Reclamation Methods
8.1 Provide a map of at least a scale of 1:63,360 enlarged 2.5 times, showing the following exploration and reclamation features (if appropriate, this may be combined with the map required under 7.2): a. the area to be disturbed by exploration and reclamation; . b. access routes, including new roads, trails or other transportation facilities to be constructed, and existing facilities to be used or modified; c. proposed excavations and trenches; d. water or coal exploratory holes t6 be drilled or altered; e. earth or debris disposal areas; f. sediment control measures, such as sediment ponds and structures for diverting overland flow, if required; and g. other exploration or reclamation features. 8.2 Provide a description of exploration and reclamation methods and a discussion of how the exploration will comply with the performance standards in 11 AAC 90.167. Crossreferencing the map in 8.1, describe, at a minimum, the following: a. types and uses of equipment; b. design, construction, maintenance and removal of any proposed new roads, trails or other transportation facilities; c. alteration and restoration of existing transportation facilities; d. blasting procedures; e. earth or debris disposal; f. backfilling and regrading of all excavations, artificial flat areas, embankments or other disturbed areas to their approximate original contour; g. topsoil removal, storage and redistribution; h. seed mix, application rates, seeding method and other procedures to be implemented in the establishment of a vegetative cover on all disturbed areas; i. procedures for plugging and abandoning exploration holes, boreholes, wells or other exposed underground openings;
EXPLORATION PERMIT APPLICATION VERSION: 02/06/2009
Page 4 of 5
Permit # / Notice # ____________________ procedures and control practices to be implemented to minimize disturbance to the prevailing hydrologic balance, including, if necessary, sedimentation control; k. handling and disposal of known acid-forming or toxic-forming materials, if any; and I. removal of all facilities and equipment. 8.3 Provide a time table for each phase of exploration and reclamation including starting and ending date, type of disturbance, area of disturbance, and reclamation measures. 8.4 Give an estimate of the quantity of coal to be removed during the exploration. Specify method used to measure quantity. 8.5 Give a detailed estimate of the cost of reclamation of all areas to be affected by exploration activities. j.
PART D: EXPLORATION ON LANDS UNSUITABLE FOR MINING Ref: 11 AAC 90.165
9.1Does the proposed exploration area include any area previously designated as unsuitable for all or certain types of mining by the Commissioner of Natural Resources? YES ✔ NO If yes, respond to 9.2 and 9.3. . . 9.2 Indicate petition name and number: ________________________________________ 9.3 Describe the basis for the designation of the area as unsuitable for mining and why exploration in the area is not incompatible with the values or features which led to the designation of the area.
PART E:
The applicant states to the best of his or her knowledge and belief that all statements made in the notice of intent to explore or in the application to explore are true and correct.
Joe Lucas Vice-President Applicant's Name: _______________________________________________________ Title: ____________________
1007 W. 3rd Ave. Anchorage, AK 99501 Address: __________________________________________________________________________________________
Applicant's Signature: ___________________________________________________ Date: ____________________ Subscribed and sworn before me by _____________________________this the ____day of_________, 20____ Notary Public: __________________________________ My commission expires ___________________________
[SEAL]
Note: Attach a copy of power of attorney, or resolution of Board of Directors that grants signature authority)
EXPLORATION PERMIT APPLICATION VERSION: 02/06/2009
Page 5 of 5
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
Coastal Project Questionnaire and Certification Statement
The Coastal Project Questionnaire (CPQ) is a diagnostic tool that will identify the state and federal permit requirements for your project that are subject to a consistency review. You must answer all questions. If you answer “Yes” to any of the questions, please call that specific department for further instructions to avoid delay in processing your application. You can find an agency contact list online at http://alaskacoast.state.ak.us/Contacts/PRCregcont.html. A complete project packet includes accurate maps and plan drawings at scales large enough to show details, copies of your state and federal permit applications, your answers to this questionnaire, and a complete consistency evaluation. DCOM will notify you within 21 days of receipt if the packet is incomplete and what information is still required. For additional information or assistance, you may call or email the Juneau Project Review at (907) 465-2142, or the Anchorage Project Review at (907) 269-7478. This CPQ document contains numerous hyperlinks (underlined text that has a connection to an internet web page) and is best viewed on-line. Additional instructions are available at http://www.alaskacoast.state.ak.us/Projects/pcpq.html
 APPLICANT INFORMATION 1. PacRim Coal LP
Name of Applicant
2.
Agent (or responsible party if other than applicant) Address City/State/Zip Daytime Phone
1007 W 3rd Ave Ste 304
Address
Anchorage AK 995601
City/State/Zip
907-276-6868
Daytime Phone
907-276-2395
Fax Number E-mail Address Fax Number E-mail Address
 PROJECT INFORMATION
1. This activity is a: new project X modification or addition to an existing project 2. If this is a modification or an addition, do you currently have any State, federal or local approvals for this activity? NOTE: Approval means any form of authorization. If "yes," please list below:
Approval Type Approval # Issuance Date Expiration Date
Yes X
No
Land Use License Fish Habitat Permit Coal Exploration Permit Fish Habitat Permit
MHT 9200354 FH 09-II-0111 02-83-795 FH-09-II-0219
6/1/06 6/16/09 8/08
5/31/10 7/15/09 8/10
3. If this is a modification, was this original project reviewed for consistency with the Alaska Coastal Management Program? ............................................................................................................................................................................. Previous ACMP I.D. Number: ID 2008-0336AA ID 2009-0719AA, AK 851030-09A (example: AK 0706-05AA or ID2004-0505JJ) Previous Project Name: Chuitna Previous Project Applicant:
x
 PROJECT DESCRIPTION
Attach a complete and detailed narrative description of your new project or of your modification/addition including ALL associated facilities and changes to the current land or water use (if not already attached as part of an agency application). Clearly delineate the project boundaries and all property owners, including owners of adjacent land, on the site plan. The
CPQ Revised 8/15/2008 Page 1 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
scale of the maps and plan drawings must be large enough to show pertinent details. Identify your proposed footprint or disturbed area. If this project is a modification to an approved project, identify existing facilities and proposed changes on the site plan. Proposed starting date for project: 3/1/10 Proposed ending date for project:4/30/10
 PROJECT LOCATION and LAND OWNERSHIP 4. Describe/identify the project location on a map (Including nearest community, the name of the nearest land feature or
body of water, and other legal description such as a survey or lot number.). Township 13N Range 12W Section Meridian Seward Latitude/Longitude around 61.10’38.18” / 151.22’8.93” (specify Decimal Degrees or Degrees, Minutes, Seconds) USGS Quad Map 5. The project is located on: State land or water* Federal land Private land Municipal land (Check all that apply) X Mental Health Trust land University of Alaska land Contact the applicable landowner(s) to obtain necessary authorization. State land ownership can be verified using Alaska Mapper. *State land can be uplands, tidelands or submerged lands to 3 miles offshore. 6. Is the project within or associated with the Trans Alaska Pipeline corridor? ......................................................................
Yes
No
X Yes X No
 COASTAL DISTRICT 7. Is the project located in a coastal district? ..........................................................................................................................
If yes, identify the applicable coastal district(s) Kenai Peninsula Borough and contact them to ensure your project conforms with district policies and zoning requirements. Coastal districts are a municipality or borough, home rule or first class city, second class municipality with planning powers, or coastal resource service area. A coastal district is a participant in the State's consistency review process. Early interaction with the district can benefit you significantly; please contact the district representative listed on the contact list at http://www.alaskacoast.state.ak.us/Contacts/PRCregcont.html
 DEPARTMENT OF NATURAL RESOURCES (DNR) APPROVALS DNR DIVISION OF MINING, LAND & WATER- LAND SECTION
1. Is the proposed project on State-owned land or water or will you need to cross State-owned land for access? (NOTE: State land includes the land below the ordinary high water line of navigable streams, rivers and lakes, and in marine waters, below the mean high tide line seaward for three miles. State land does not include Alaska Mental Health Trust Land or University of Alaska Land.) ……………………………………………………………..……………………….. 2. If you answered yes to the question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ..................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation Permit will be issued by the Coal Mining Section under SMCRA.
Yes
No
X
X
DNR DIVISION OF MINING, LAND & WATER- MATERIALS SECTION
3. Do you plan to dredge or otherwise excavate or remove materials such as rock, sand, gravel, peat, or overburden from any land regardless of ownership? ...................................................................................................................................... a) Location of excavation site if different than the project site: Township Range Section Meridian 4. At any one site (regardless of land ownership), do you plan any of the following? ............................................................ Excavate five or more acres over a year’s time Excavate 50,000 cubic yards or more of materials (rock, sand, gravel, soil, peat, overburden, etc.) over a year’s time Have a cumulative, un-reclaimed, excavated area of five or more acres 5. Do you plan to place fill or excavated material on State-owned land? ............................................................................... a) Location of fill or material disposal site if different than the project site: Township Range Section Meridian
CPQ Revised 8/15/2008 Page 2 of 18
Yes
No X
X
X
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
6. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ...................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
DNR DIVISION OF MINING, LAND & WATER- MINING SECTION
7. Do you plan to mine for locatable minerals such as silver, gold, or copper? ..................................................................... 8. Do you plan to explore for or extract coal? ........................................................................................................................ 9. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: Russell Kirkham week of 2/1/10 b) Is an application required for the proposed activity? ...................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes X
No X
X
DNR DIVISION OF MINING, LAND & WATER- WATER SECTION
10. Will this project or development divert, impound, withdraw, or use any fresh water (regardless of land ownership)? (NOTE: If you know of other water users who withdraw from the same source or any potential conflicts affecting this use of water, contact the Water Section. If you are obtaining water exclusively from either an existing Public Water Supply or from a rainwater catchment system, you are not required to contact the DNR Water Section regional office.) ...................... a) Check all points-of-withdrawal or water sources that apply: Public Water system (name): X Stream or Lake (name): Middle Creek # 247-20-10010-2030 Well Rain catchment system X Other: ponds b) Intended use(s) of water: drilling c) Amount (maximum daily, not average, in gallons per day): 900 d) Is the point of water withdrawal on property you own? …………………………………………………………........... 11. Do you plan to build or alter a dam (regardless of land ownership)? .................................................................................. 12. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: Mike Walton week of 2/1/2010 b) Is an application required for the proposed activity? ....................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No
X
X X
X
DNR DIVISION OF FORESTRY NA
13. Does your operation meet both of the following criteria on any land, regardless of ownership? a) The project will commercially harvest timber on 10 or more acres, or commercially harvest timber that intersects, encompasses, or borders on surface waters, and b) The project involves one or more of the following: site preparation, thinning, slash treatment, construction and maintenance of roads associated with a commercial timber harvest, or any other activity leading to or connected to a commercial timber harvest operation…………………………........................................................................................ 14. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Forestry regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ...................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
CPQ Revised 8/15/2008 Page 3 of 18
Yes
No
X
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
DNR DIVISION OF OIL & GAS
15. a) Will you be exploring for or producing oil and/or gas? ………………………………………………………………... b) Will you conduct surface use activities on/within an oil and gas lease or unit? ………………………………………. If yes, please specify: 16. Do you plan to drill a geothermal well (regardless of land ownership)? …………………………………………………. 17. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Oil & Gas office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: Visit the Division of Oil & Gas website for application forms and additional information.
Yes
No X X X
DNR OFFICE OF HISTORY & ARCHAEOLOGY
18. Will you investigate, remove, or impact historical, archaeological or paleontological resources (anything over 50 years old) on State-owned land? ………………………………………………………………………………………………… 19. If you answered yes to the question above, indicate the person you contacted at the State Historic Preservation Office for information. a) Name/date of Contact:
Yes
No X
DNR DIVISION OF GEOLOGICAL & GEOPHYSICAL SURVEYS
20. Is the proposed project located within a natural hazard area designated by a coastal district in the approved district plan? (Refer to the district plan or contact the coastal district office.) ……………………………………………………. a) If “yes”, describe the measures you will take in the siting, design, construction, and operation of the proposed activity to protect public safety, services, and the environment from potential damage caused by the designated natural hazard(s) in the Natural Hazards portion of the attached Coastal Consistency Evaluation (11 AAC 112.210). 21. If you have contacted someone, please indicate the person you contacted at the Coastal District or the State for information. The Division of Geological & Geophysical Survey may have additional information on hazards for the area. a) Name/date of Contact:
Yes
No X
DNR DIVISION OF PARKS & OUTDOOR RECREATION
22. Is the proposed project located in a unit of the Alaska State Park System including navigable waters, tidelands or submerged lands to three miles offshore? …………………………………………………………………………………. 23. If you answered yes to any question above, indicate the person you contacted at the appropriate DNR Division of Parks & Recreation office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X
DNR APPROVALS
List the Department of Natural Resources permits or authorizations required for your project below:
Types of project approvals or permits needed. Date application submitted
Revision of existing Notice of Exploration (coal) TWUP
2/5/10 2/5/10
 DEPARTMENT OF FISH AND GAME (DFG) APPROVALS
1. Is your project located in a designated State Game Refuge, Critical Habitat Area or State Game Sanctuary? …………...
CPQ Revised 8/15/2008 Page 4 of 18
Yes
No X
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
2. Does your project include construction/operation of a salmon hatchery? ………………………………………………… 3. Does your project affect, or is it related to, a previously permitted salmon hatchery? …………………………………… 4. Does your project include construction of an aquatic farm? ……………………………………………………………… 5. Will you work in, remove water or material from, or place anything in, a stream, river or lake? (NOTE: This includes work or activities below the ordinary high water mark or on ice, in the active flood plain, on islands, in or on the face of the banks, or, for streams entering or flowing through tidelands, above the level of mean lower low tide. If the proposed project is located within a special flood hazard area, a municipal floodplain development permit may be required. Contact the affected city or borough planning department for additional information and a floodplain determination.) …………………………………………………………………………………………………………….. a) If yes, name of waterbody: Middle Creek #247-20-10010-2030 6. If you answered yes to any questions above, indicate the person you contacted at the appropriate Department of Fish and Game office for information. (For projects involving Hatcheries or Aquatic Farms, please contact the Division of Commercial Fisheries. Other projects should contact the Division of Habitat.) a) Name/date of Contact: Megan Marie week of 2/1/10 b) Is an application required for the proposed activity? …………………………………………………………………. c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: X X X
X
X
DFG APPROVALS
List the Department of Fish and Game permits or authorizations required for your project below:
Types of project approvals or permits needed. Date application submitted
FH permit for water withdrawal and winter stream crossing
2/9/10
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS DEC DIVISION OF WATER
1 a) Will a discharge of non-domestic wastewater to lands, waters, or the subsurface of the state occur? (NOTE: Nondomestic wastewater includes wastewater from commercial or industrial facilities, excavation projects, wastewater from man-made containers or containment areas, or any other non-domestic wastewater disposal activities see 18 AAC 72.990 for definitions.) …………………………………………………………………………………………... b) Will a discharge of domestic wastewater or septage to lands, waters or the subsurface of the state occur? (see 18 AAC 72.990 for definitions.) …………………………………………………………………………………………….. c) Will the wastewater disposal activity require a mixing zone or zone of deposit to meet Water Quality Standards (WQS)? (Many disposal activities require a mixing zone to meet WQS, contact DEC if unsure.) …………………….. d) Will the project include a stormwater collection/discharge system? …………………………………………………… e) Will the project include placing fill in wetlands? ………………………………………………………………………. f) Is the surrounding area inundated with water at any time of the year? …………………………………………………. g) Do you intend to construct, install, modify or use any part of a domestic or non-domestic wastewater treatment or disposal system? ………………………………………………………………………………………………………… 2. Does your project qualify for a general permit for wastewater? ............................................................... 3. If you answered yes to any questions above, indicate the person you contacted at the DEC-Division of Water for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No
X X X X X X X X
CPQ Revised 8/15/2008
Page 5 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
DEC DIVISION OF ENVIRONMENTAL HEALTH
4 a) Will your project result in construction, modification, or operation of a facility for solid waste disposal? (NOTE: Solid waste means drilling wastes, household garbage, refuse, sludge, construction or demolition wastes, industrial solid waste, asbestos, and other discarded, abandoned, or unwanted solid or semi-solid material, whether or not subject to decomposition, originating from any source. Disposal means placement of solid waste on land.) ………. b) Will your project result in treatment of solid waste at the site? (Examples of treatment methods include, but are not limited to: incineration, open burning, baling, and composting.) ……………………………………………………… c) Will your project result in storage or transfer of solid waste at the site? ………………………………………………. d) Will the project result in storage of more than 50 tons of materials for reuse, recycling, or resource recovery? ……… e) Will any sewage solids or biosolids be disposed of or land-applied to the site? (NOTE: Sewage solids include wastes that have been removed from a wastewater treatment plant system, such as a septic tank lagoon dredge, or wastewater treatment sludge that contain no free liquids. Biosolids are the solid, semi- solid or liquid residues produced during the treatment of domestic septage in a treatment works which are land applied for beneficial use.) .. 5. Will your project require application of oil, pesticides, and/or any other broadcast chemicals? …………………………. 6. Does your project qualify for a general permit for solid waste? ................................................................ 7. If you answered yes to any question above, indicate the person you contacted at the DEC- Division of Environmental Health for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No
X X X X
X X X
DEC DIVISION OF AIR QUALITY
8 a) Will you have an asphalt plant designed to process no less than five tons per hour of product? ……………………… b) Will you have a thermal remediation unit with a rated capacity of at least five tons per hours of untreated material? .. c) Will you have a rock crusher with a rated capacity of at least five tons per hour? …………………………………….. d) Will you have one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour? ……….. e) Will you have a coal preparation plant? ………………………………………………………………………………... f) Will you have a Port of Anchorage stationary source? …………………………………………………………………. g) Will you have a facility with the potential to emit no less than 100 tons per year of any regulated air contaminant?..... h) Will you have a facility with the potential to emit no less than 10 tons per year of any hazardous air contaminant or 25 tons per year of all hazardous air contaminants?........................................................................................................ i) Will you be constructing a new stationary source with a potential to emit greater than: ……………………………… 15 tons per year (tpy) of PM-10 40 tpy of nitrogen oxides 40 tpy of sulfur dioxide 0.6 tpy of lead; or 100 tpy of CO within 10 km of a nonattainment area j) Will you be commencing construction, or (if not already authorized under 18 AAC 50) relocating a portable oil and gas operation? (answer “yes” unless you will comply with an existing operating permit developed for the portable oil and gas operation at the permitted location; or you will operate as allowed under AS 46.14.275 without an operating permit) ……………………………………………………………………………………………………….................... k) Will you be commencing construction or (if not already authorized under 18 AAC 50) relocating an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025? ………………………………………………………………………………………………………… l) Will you be commencing a physical change to or a change in the method of construction of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in g) that will cause for that pollutant an emission increase (calculated at your discretion) as either an increase in potential to emit that is greater than: 10 tpy of PM-10 10 tpy of sulfur dioxide 10 tpy of nitrogen oxides; or 100 tpy of CO within 10 km of a nonattainment area; or
CPQ Revised 8/15/2008 Page 6 of 18
Yes
No X X X X X X X X X
X
X
X
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
actual emissions and a net emissions increase greater than: 10 tpy of PM-10 10 tpy of sulfur dioxide 10 tpy of nitrogen oxides; or 100 tpy of CO within 10 km of a nonattainment area m) Will you be commencing construction or making a major modification of a Prevention of Significant Deterioration stationary source under 18 AAC 50.306? ……………………………………………………………………………….. n) Will you be commencing construction or making a major modification of a nonattainment area major stationary source under 18 AAC 50.311? …………………………………………………………………………………………... o) Will you be commencing construction or reconstructing a major stationary source under 18 AAC 50.316, for hazardous air pollutants? Definition of Regulated Air Pollutants can be found at http://www.epa.gov/ttn/oarpg/t5/memoranda/rapdef.pdf .................................................................................................. 9. If you answered yes to any questions above, indicate the person you contacted at the DEC- Division of Air Quality for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
X X
X
DEC DIVISION OF SPILL PREVENTION AND RESPONSE
10 a) Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or non crude oil as bulk cargo, or the transfer of oil or other petroleum products to or from such a vessel or a pipeline system? …………. b) Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non-crude oil? ……………………………….. c) Will you operate facilities on land or water for exploration or production of hydrocarbons? …………………………. 11. If you answered yes to any questions above, indicate the person you contacted at the DEC-Division of Spill Prevention and Response office for information. a) Name/date of Contact: b) Is a plan required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed Oil Discharge Prevention & Contingency Plan to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X X X
DEC APPROVALS
List the Department of Environmental Conservation permits or authorizations required for your project below:
Types of plan approvals or permits needed Date application submitted
 FEDERAL APPROVALS U.S. ARMY CORPS OF ENGINEERS (USACE)
1. Will you discharge dredged and/or fill material or perform dredging activities in waters of the U.S? Section 404 of the Clean Water Act requires that a Department of the Army permit be obtained for the placement or discharge of dredged and/or fill material into waters of the U.S., including wetlands (33 U.S.C. 1344). (Your application to the USACE would also serve as application for DEC Water Quality Certification.) …………………………………. 2. Will you place fill or structures or perform work in waters of the U.S? Section 10 of the Rivers and Harbors Act of 1899 requires that a Department of the Army permit be obtained for structures or work in or affecting navigable waters of the U.S. (33 U.S.C. 403) (Waters of the U.S. include marine waters subject to the ebb and flow of the tide, rivers, streams, lakes tributaries, and wetlands. If you are not certain whether your proposed project is located within a wetland, contact the USACE Regulatory Division to request a wetlands determination. For additional information about the Regulatory Program, visit www.poa.usace.army.mil/reg) ………………………………………..
CPQ Revised 8/15/2008 Page 7 of 18
Yes
No
X
X
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
3. If you answered yes to the question above, indicate the person you contacted at the US Army Corps of Engineers for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
X
BUREAU OF LAND MANAGEMENT (BLM)
4. Is the proposed project located on BLM land, or will you need to cross BLM land for access? …………………………. 5. If you answered yes to the question above, indicate the person you contacted at the Bureau of Land Management for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X
U.S. COAST GUARD (USCG)
6 a) Do you plan to construct a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? ……... b) Does your project involve building an access to an island? ……………………………………………………………. c) Do you plan to site, construct, or operate a deepwater port? …………………………………………………………… 7. If you answered yes to any question above, indicate the person you contacted at the appropriate US Coast Guard office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X X X
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
8 a) Will the proposed project have a discharge to any waters? ……………………………………………………………... b) Will you dispose of sewage sludge? ……………………………………………………………………………………. c) Will construction of your project expose 1 or more acres of soil? (NOTE: This applies to the total amount of land disturbed, even if disturbance is distributed over more than one season, and also applies to areas that are part of a larger common plan of development or sale.) …………………………………………………………………………... d) Is your project an industrial facility that will have stormwater discharge directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? If you answered yes to c) or d), your project may require an NPDES Stormwater permit ……………………………………………………………………………………………… 9. If you answered yes to any question above, indicate the person you contacted at the US Environmental Protection Agency for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X X
X
X
FEDERAL AVIATION ADMINISTRATION (FAA)
10 a) Is your project located within five miles of any public airport? ……………………………………………………… b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport? …………………… 11. If you answered yes to the question above, indicate the person you contacted at the Federal Aviation Administration for information. a) Name/date of Contact:
Yes
No X
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State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
12 a) Does the project include any of the following: ………………………………………………………………………… 1) a non-federal hydroelectric project on any navigable body of water 2) locating a hydro project on federal land (including transmission lines) 3) using surplus water from any federal government dam for a hydro project b) Does the project include construction and operation, or abandonment of interstate natural gas pipeline facilities under sections 7 (b) and (c) of the Natural Gas Act (NGA)? .....……………………………………………………… c) Does the project include construction and operation of natural gas or liquefied natural gas importation or exportation facilities under section 3 of the NGA? ......................................................................................................... d) Does the project include construction for physical interconnection of electric transmission facilities under section 202 (b) of the FPA? …………………………………………………………………………………………………… 13. If you answered yes to any question above, indicate the person you contacted at the appropriate Federal Energy Regulatory Commission office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X
X X X
U.S. FOREST SERVICE (USFS)
14 a) Does the proposed project involve construction on USFS land? ……………………………………………………….. b) Does the proposed project involve the crossing of USFS land with a water line? ……………………………………... c) The current list of Forest Service permits that require ACMP consistency review are online at http://alaskacoast.state.ak.us/Clawhome/handbook/pdf/11_AAC_110.pdf in Article 4, 11 AAC 110.400, pages 28-30. Does your proposed project include any of Forest Service authorizations found on pages 28-30 of the ACMP Handbook? ……………………………………………………………………………………………………………… 15. If you answered yes to any question above, indicate the person you contacted at United States Forest Service for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X X
X
U.S. FISH AND WILDLIFE SERVICE (USFWS)
16 a) Is your proposed project on land managed by the USFWS? ……………………………………………………………. b) Does your project require a Right of Way from the USFWS under 50 C.F.R. 29 and 50 C.F.R 36? .............................. 17. If you answered yes to any question above, indicate the person you contacted at the US Fish and Wildlife Service for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation:
Yes
No X X
OTHER FEDERAL AGENCY APPROVALS
18 a) Other Federal agencies with authorizations reviewable under the Alaska Coastal Management Program are posted online at http://alaskacoast.state.ak.us/Clawhome/handbook/pdf/11_AAC_110.pdf in Article 4, 11 AAC 110.400, pages 28-30. Does your proposed project include any of the Federal agency authorizations found on pages 28-30 of the ACMP Handbook? …………………………………………………………………………………………………... b) If yes, which federal authorizations?
Yes
No
X
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State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
19. Have you applied for any other federal permits or authorizations? ………………………………………………………..
Agency Approval Type Date Submitted
X
Note: The Coastal Project Questionnaire (CPQ) identifies state and federal permits subject to a consistency review. You may need additional permits from other agencies or the affected city and borough government to proceed with your activity. Attach the documentation requested under the Project Description.
ACMP Consistency Evaluation & Certification Statement
Pursuant to 11 AAC 110.215 (a)(1)(c), the applicant shall submit an evaluation of how the proposed project is consistent with the statewide standards at 11 AAC 112.200 - 11 AAC 112.990 and with the applicable district enforceable policies, sufficient to support the consistency certification. Evaluate your project against each section of the state standards and applicable district enforceable policies using the template below or by submitting a narrative description in letter or report form. District enforceable policies are available on the ACMP website at http://www.alaskacoast.state.ak.us. Definitions of key terms can be found at: 11 AAC 110.990, 11 AAC 112.990 and 11 AAC 114.990. If you need more space for an adequate explanation of any of the applicable standards, please attach additional pages to the end of this document. Be sure to include references to the specific sections and subsections that you are evaluating.
STATEWIDE STANDARDS
11 AAC 112.200. Coastal Development Standard:
(a) In planning for and approving development in or adjacent to coastal waters, districts and state agencies shall manage coastal land and water uses in such a manner that those uses that are economically or physically dependent on a coastal location are given higher priority when compared to uses that do not economically or physically require a coastal location. (b) Districts and state agencies shall give, in the following order, priority to (1) water-dependent uses and activities; (2) water-related uses and activities; and (3) uses and activities that are neither water-dependent nor water-related for which there is no practicable inland alternative to meet the public need for the use or activity. (c) The placement of structures and the discharge of dredged or fill material into coastal water must, at a minimum, comply with the standards contained in 33 CFR Parts 320 - 323, revised as of July 1, 2003.
Evaluation:
(a) How is your project economically or physically dependent on a coastal location? Why are you proposing to place the project at the selected location? Not dependent on a coastal location. This is exploration of a coal deposit by
installing 10 ground water monitoring wells. The deposit is approximately 12 miles from the coast.
(b) Evaluation of development priority. (1) How is the proposed project water-dependent? Explain. It is not depedent. (2) How is the proposed project water-related? Explain. It is not related. (3) If the proposed project is neither water-dependent nor water-related, please explain why there is not a practicable inland alternative that meets the public need for the use or activity. Explain. This is and inland location - some 12
miles from the coast.
(c) DCOM defers to the United States Corps of Engineers (USACE) to interpret compliance with the referenced standards. If you plan to discharge or fill waters of the US, have you applied to the Corps of Engineers for the appropriate authorization?
NA
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State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
11 AAC 112.210. Natural hazard areas. Standard:
(a) In addition to those identified in 11 AAC 112.990, the department, or a district in a district plan, may designate other natural processes or adverse conditions that present a threat to life or property in the coastal area as natural hazards. Such designations must provide the scientific basis for designating the natural process or adverse condition as a natural hazard in the coastal area, along with supporting scientific evidence for the designation. (b) Areas likely to be affected by the occurrence of a natural hazard may be designated as natural hazard areas by a state agency or, under 11 AAC 114.250(b), by a district. (c) Development in a natural hazard area may not be found consistent unless the applicant has taken appropriate measures in the siting, design, construction, and operation of the proposed activity to protect public safety, services, and the environment from potential damage caused by known natural hazards. (d) For purposes of (c) of this section, "appropriate measures in the siting, design, construction, and operation of the proposed activity" means those measures that, in the judgment of the coordinating agency, in consultation with the department’s division of geological and geophysical surveys, the Department of Community and Economic Development as state coordinating agency for the National Flood Insurance Program under 44 C.F.R. 60.25, and other local and state agencies with expertise, (1) satisfy relevant codes and safety standards; or (2) in the absence of such codes and standards; (A) the project plans are approved by an engineer who is registered in the state and has engineering experience concerning the specific natural hazard; or (B) the level of risk presented by the design of the project is low and appropriately addressed by the project plans.
Evaluation:
(a) Describe the natural hazards designated in the district plan as they affect this site. (b) Describe how the proposed project is designed to accommodate the designated hazards. How will you use site design and operate the proposed activity to protect public safety, services and the environment from potential damaged caused by known natural hazards? NA
(d)(1) Describe the measures you will take to meet relevant codes and safety standards in the siting, design, construction and operation of the proposed activity. (d)(2)(A) If your project is located in an area without codes and safety standards, how is your project engineered for the specific natural hazard? Give the name of the appropriately qualified registered engineer who will approve the plans for protecting public safety, services, and the environment from damage caused by hazards OR (d)(2)(B) If the level of risk presented by the design of the project is low, how do the project plans and project design address the potential natural hazard?
11 AAC 112.220. Coastal access. Standard:
Districts and state agencies shall ensure that projects maintain and, where appropriate, increase public access to, from, and along coastal water.
Evaluation:
Please explain how the proposed project will maintain and, where appropriate, increase public access to, from and along coastal water. The location is remote and is not currently accessable by the general public. There are on roads,
trails or landing strips near this site, Public access will not be affected either way as it is 12 miles inland.
11 AAC 112.230. Energy facilities. Standard:
(a) The siting and approval of major energy facilities by districts and state agencies must be based, to the extent practicable, on the following standards:
Consistency Evaluation 8/15/2008 Page 11 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
(1) site facilities so as to minimize adverse environmental and social effects while satisfying industrial requirements; (2) site facilities so as to be compatible with existing and subsequent adjacent uses and projected community needs; (3) consolidate facilities; (4) consider the concurrent use of facilities for public or economic reasons; (5) cooperate with landowners, developers, and federal agencies in the development of facilities; (6) select sites with sufficient acreage to allow for reasonable expansion of facilities; (7) site facilities where existing infrastructure, including roads, docks, and airstrips, is capable of satisfying industrial requirements; (8) select harbors and shipping routes with least exposure to reefs, shoals, drift ice, and other obstructions; (9) encourage the use of vessel traffic control and collision avoidance systems; (10) select sites where development will require minimal site clearing, dredging, and construction; (11) site facilities so as to minimize the probability, along shipping routes, of spills or other forms of contamination that would affect fishing grounds, spawning grounds, and other biologically productive or vulnerable habitats, including marine mammal rookeries and hauling out grounds and waterfowl nesting areas; (12) site facilities so that design and construction of those facilities and support infrastructures in coastal areas will allow for the free passage and movement of fish and wildlife with due consideration for historic migratory patterns; (13) site facilities so that areas of particular scenic, recreational, environmental, or cultural value, identified in district plans, will be protected; (14) site facilities in areas of least biological productivity, diversity, and vulnerability and where effluents and spills can be controlled or contained; (15) site facilities where winds and air currents disperse airborne emissions that cannot be captured before escape into the atmosphere; (16) site facilities so that associated vessel operations or activities will not result in overcrowded harbors or interfere with fishing operations and equipment. (b) The uses authorized by the issuance of state and federal leases, easements, contracts, rights-of-way, or permits for mineral and petroleum resource extraction are uses of state concern. Evaluation: (a) If this standard applies to your project, please describe in detail how the proposed project is designed to meet each applicable section of this standard: NA
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)
(b) List the authorizations for state and federal leases, easements, contracts, rights-of-way, water rights, or permits for mineral and petroleum resource extraction you have applied for or received.
11 AAC 112.240. Utility routes and facilities. Standard:
(a) Utility routes and facilities must be sited inland from beaches and shorelines unless
Consistency Evaluation 8/15/2008 Page 12 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
(1) (2) (b) (1) (2) (3) the route or facility is water-dependent or water related; or no practicable inland alternative exists to meet the public need for the route or facility. Utility routes and facilities along the coast must avoid, minimize, or mitigate alterations in surface and ground water drainage patterns; disruption in known or reasonably foreseeable wildlife transit; blockage of existing or traditional access.
Evaluation:
(a) If the proposed utility route or facility is sited adjacent to beaches or shorelines, explain how the route or facility is water dependent water related or why no practicable inland alternative exists.
NA
(b) If the proposed utility route or facility is sited along the coast, explain how you will avoid, minimize or mitigate: (1) alterations in surface and ground water drainage patterns;
NA
(2) disruption in known or reasonably foreseeable wildlife transit;
NA (3) blockage of existing or traditional access. NA
11 AAC 112.250. Timber harvest and processing. Standard:
AS 41.17 (Forest Resources and Practices Act) and the regulations adopted under that chapter with respect to the harvest and processing of timber are incorporated into the program and constitute the components of the program with respect to those purposes.
Evaluation:
Does your activity involve harvesting or processing of timber? Yes No X If yes, please explain how your proposed project meets the standards of the State Forest Resources and Practices Act.
11 AAC 112.260. Sand and gravel extraction. Standard:
Sand and gravel may be extracted from coastal waters, intertidal areas, barrier islands, and spits if there is no practicable alternative to coastal extraction that will meet the public need for the sand or gravel.
Evaluation:
If your proposed project includes extracting sand or gravel from coastal waters, intertidal areas, barrier islands or spits, please explain why there is no practicable alternative to coastal extraction that meets the public need for sand or gravel.
NA
11 AAC 112.270. Subsistence. Standard:
(a) A project within a subsistence use area designated by the department or under 11 AAC 114.250(g) must avoid or minimize impacts to subsistence uses of coastal resources. (b) For a project within a subsistence use area designated under 11 AAC 114.250(g), the applicant shall submit an analysis or evaluation of reasonably foreseeable adverse impacts of the project on subsistence use as part of (1) a consistency review packet submitted under 11 AAC 110.215; and
Consistency Evaluation 8/15/2008 Page 13 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
(2) a consistency evaluation under 15 C.F.R. 930.39, 15 C.F.R. 930.58, or 15 C.F.R. 930.76. (c) Repealed 10/29//2004, Register 172. (d) Except in nonsubsistence areas identified under AS 16.05.258, the department may, after consultation with the appropriate district, federally recognized Indian tribes, Native corporations, and other appropriate persons or groups, designate areas in which a subsistence use is an important use of coastal resources as demonstrated by local usage. (e) For purposes of this section, "federally recognized Indian tribe," "local usage", and "Native corporation" have the meanings given in 11 AAC 114.990.
Evaluation:
(a) Is your proposed project located within a subsistence use area designated by a coastal district? Yes No X If yes, please describe how the proposed project is designed to “avoid or minimize impacts to subsistence uses of coastal resources:”
(b) If your project is located in a subsistence use area designated by the coastal district, provide an analysis or evaluation of its reasonably foreseeable adverse impacts to the subsistence uses.
NA
(c) No response required. (d) If your project is not located in a designated subsistence use area, please describe any subsistence uses of coastal resources within the project area. Please be advised that subsistence use areas may be designated by the department during a review. Site is 12 miles inland.
(e) No response required.
11 AAC 112.280. Transportation routes and facilities. Standard:
Transportation routes and facilities must avoid, minimize, or mitigate (1) alterations in surface and ground water drainage patterns; (2) disruption in known or reasonably foreseeable wildlife transit; and (3) blockage of existing or traditional access.
Evaluation:
If your proposed project includes transportation routes or facilities, describe how it avoids, minimizes, or mitigates (1) alterations in surface and ground water drainage patterns; Travel is in the winter on snow and frozen ground
with tracked off road equipment.
(2) disruption in known or reasonably foreseeable wildlife transit; and None – NA
(3) blockage of existing or traditional access. None -
NA
11 AAC 112.300. Habitats.
Consistency Evaluation 8/15/2008 Page 14 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Standard:
(a) Habitats in the coastal area that are subject to the program are (1) offshore areas; (2) estuaries; (3) wetlands; (4) tideflats; (5) rocky islands and sea cliffs; (6) barrier islands and lagoons; (7) exposed high-energy coasts; (8) rivers, streams, and lakes and the active floodplains and riparian management areas of those rivers, streams, and lakes; and (9) important habitat. (b) The following standards apply to the management of the habitats identified in (a) of this section: (1) offshore areas must be managed to avoid, minimize, or mitigate significant adverse impacts to competing uses such as commercial, recreational, or subsistence fishing, to the extent that those uses are determined to be in competition with the proposed use; (2) estuaries must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) adequate water flow and natural water circulation patterns; and (B) competing uses such as commercial, recreational, or subsistence fishing, to the extent that those uses are determined to be in competition with the proposed use; (3) wetlands must be managed to avoid, minimize, or mitigate significant adverse impacts to water flow and natural drainage patterns; (4) tideflats must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) water flow and natural drainage patterns; and (B) competing uses such as commercial, recreational, or subsistence uses, to the extent that those uses are determined to be in competition with the proposed use; (5) rocky islands and sea cliffs must be managed to (A) avoid, minimize, or mitigate significant adverse impacts to habitat used by coastal species; and (B) avoid the introduction of competing or destructive species and predators; (6) barrier islands and lagoons must be managed to avoid, minimize, or mitigate significant adverse impacts (A) to flows of sediments and water; (B) from the alteration or redirection of wave energy or marine currents that would lead to the filling in of lagoons or the erosion of barrier islands; and (C) from activities that would decrease the use of barrier islands by coastal species, including polar bears and nesting birds; (7) exposed high-energy coasts must be managed to avoid, minimize, or mitigate significant adverse impacts (A) to the mix and transport of sediments; and (B) from redirection of transport processes and wave energy; (8) rivers, streams, and lakes must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) natural water flow; (B) active floodplains; and (C) natural vegetation within riparian management areas; and (9) important habitat (A) designated under 11 AAC 114.250(h) must be managed for the special productivity of the habitat in accordance with district enforceable policies adopted under 11 AAC 114.270(g); or (B) identified under (c)(1)(B) or (C) of this section must be managed to avoid, minimize, or mitigate significant adverse impacts to the special productivity of the habitat. (c) For purposes of this section, (1) "important habitat" means habitats listed in (a)(1) – (8) of this section and other habitats in the coastal area that are (A) designated under 11 AAC 114.250(h); (B) identified by the department as a habitat (i) the use of which has a direct and significant impact on coastal water; and (ii) that is shown by written scientific evidence to be biologically and significantly productive; or
Consistency Evaluation 8/15/2008 Page 15 of 18
State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
(C) identified as state game refuges, state game sanctuaries, state range areas, or fish and game critical habitat areas under AS 16.20; (2) "riparian management area" means the area along or around a waterbody within the following distances, measured from the outermost extent of the ordinary high water mark of the waterbody: (A) for the braided portions of a river or stream, 500 feet on either side of the waterbody; (B) for split channel portions of a river or stream, 200 feet on either side of the waterbody; (C) for single channel portions of a river or stream, 100 feet on either side of the waterbody; (D) for a lake, 100 feet of the waterbody.
Evaluation:
(a) List the habitats from (a) above that are within your proposed project area or that could be affected by your proposed project.
NA
(b) Describe how the proposed project avoids, minimizes, or mitigates impacts to each of the identified habitat(s) in section (a) above.
NA
(c) No response required.
11 AAC 112.310. Air, land and water quality Standard:
Not withstanding any other provision of this chapter, the statutes and regulations of the Department of Environmental Conservation with respect to the protection of air, land, and water quality identified in AS 46.40.040(b) are incorporated into the program and, as administered by that department, constitute the exclusive components of the program with respect to those purposes.
Evaluation: No response required. 11 AAC 112.320. Historic, prehistoric, and archeological resources. Standard:
(a) The department will designate areas of the coastal zone that are important to the study, understanding, or illustration of national, state, or local history or prehistory, including natural processes. (b) A project within an area designated under (a) of this section shall comply with the applicable requirements of AS 41.35.010 – 41.35.240 and 11 AAC 16.010 – 11 AAC 16.900.
Evaluation:
(a) Have you contacted the State Historic Preservation Office (SHPO) to see if your project is in a designated area of the coastal zone that is important to the study, understanding, or illustration of national, state, or local history or prehistory, including natural processes?
Yes SHPO has been contacted and no historical preservation areas exist in the project location.
(b) If your project is within an area designated under (a) of this section, how will you comply with the applicable requirements in the statutes and regulations listed in (b)?
NA
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State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
Affected Coastal District Enforceable Policies
Evaluate each applicable district enforceable policy using a format similar to the one you completed above for the State Standards. District enforceable policies are available at http://alaskacoast.state.ak.us/. If you need more space for an adequate explanation of any of the applicable district enforceable policies, please attach additional pages to the end of this document.
Applicable District Plan(s) Kenai Peninsula Borough Enforceable Policy: There are no enforceable policies relative to the proposed project. Evaluation:
Enforceable Policy: Evaluation:
Enforceable Policy: Evaluation:
Certification Statement
The information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. ____________________________________________2/8/10_______
Signature of Applicant or Agent Date
____________________________
Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a federal consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement. ACMP has developed a guide to assist federal agencies with this requirement. Contact ACMP to obtain a copy. This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies.
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State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management
Project Description: Please provide or attach a brief description of your project including the planned
work, any effects to coastal uses and resources and how your project is being designed to avoid, minimize and mitigate those effects.
See attached Plan of Operations
Project Area: Please provide or attach a map of your project location and your proposed work. (Including nearest
community, the name of the nearest land feature or body of water, and other legal description such as a survey or lot number.) Nearest Community: Tyonek and Beluga Nearest Waterbody: Middle Creek Legal Survey Description: T13N, R12W
Consistency Evaluation 8/15/2008
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